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Arrears and changing CS amounts

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  • Arrears and changing CS amounts

    HISTORY

    Though I offered at the time of divorce to pay former partner CS directly, she requested (completely understandably given how many people default) that the payments go through the FRO.

    Given the lag between the signing of the divorce order and the order being registered with the FRO, there is an amount of CS which I have not yet paid to former partner.

    We attempted to, but could not come an agreement as to a payment schedule where I would pay her the arrears amount directly and forward the appropriate document to FRO to ensure that no future statement of arrears was claimed for that portion. I subsequently grew tired of the conflict surrounding the issue and stated that I'd wait for the request from the FRO once she had filed the Statement of Arrears.

    SITUATION

    She has yet to do this and is threatening to

    1. wait on the matter and let interest build on the amount
    2. force me to pay for any bills (legal or otherwise) related to the statement of arrears
    3. force me to pay for any bills (legal or otherwise) related to registering anual changes to the CS amounts with the courts

    MY UNDERSTANDING

    1. interest is not collected on arrears unless stated in the court order (ours has no such clause)
    2. amended CS amounts can be filed directly with the courts given witnessed signatures by both parties on a document showing the agreed to amount and that if she decides to use legal services to amend the amount, she is responsible for the associated cost

    N.B. The total amount is small (well under $500) and if there is any question as to me paying my fair share, in stark contrast to what is prescribed for in our divorce order, I pay more than the prescribed % of daycare and to date, 100% of all other S7 expenses.....willingly.

    I'm happy to pay for everything I can, but I don't want to piece-meal my CS payments between direct payments to her and court ordered payments to the FRO, and I certainly don't think it's appropriate that I should incur further expense because she sits on the arrears amount for an extended period of time.

    Anyone have any thoughts or similar experience?

    Trix

  • #2
    wait on the matter and let interest build on the amount
    I hope she gave you this in writing

    2. force me to pay for any bills (legal or otherwise) related to the statement of arrears
    Fluff...ignore it.

    3. force me to pay for any bills (legal or otherwise) related to registering anual changes to the CS amounts with the courts
    Fluff...ignore it. Wouldn't be any charge respective to registering annual changes. It's a simple "on consent" order. Now if one of you DOESN'T consent to changing the amount, then there could be costs involved. Whoever is being unreasonable would be the one who would get hit with it.

    My advice:

    Fill out a statement of arrears and send it to her registered mail, signature required. Request she complete it and file with FRO and supply you with notice she has done so.

    Bank the amount of arrears that are owed, and sit on it until you hear otherwise.

    Comment


    • #3
      [QUOTE=NBDad;136501]

      Fill out a statement of arrears and send it to her registered mail, signature required. Request she complete it and file with FRO and supply you with notice she has done so.
      QUOTE]

      love it perfect

      Comment

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